1.

Name of the Institution and Address

Quantity in hand at the beginning of the day

Annex.3 .

(See Rule 8-C)

Estimate of annual requirement

1. Name and Address of the recognised medical institution ___________________________

2. Period for which the estimate is submitted ___________________________

3. Quantity disbursed during the previous year ___________________________

4. Quantity estimated to be disbursed during the year for which estimate is submitted ___________________________

Annex.4 .

[See Rule 80 F(b)]

Orders for purchase

To

____________

____________

(Name and address of the supplier)

Annex.5 .

[See Rule 80F(b)]

Consignment Note

To

____________

____________

(Name and address of recognised Medical Institution)

1. Number and date of orders of purchase

2. Name and address of the manufacturer/supplier

3. Description of the quantity of the consignment despatched

4. Mode of Transport of consignment

Station : ___________

Signature

Date : ____________

with date and Stamp of the

manufacturers/suppliers.

Receipt :

1. Date of Receipt.

2. Description of the quantity received.

Signature of authorised person of the

Published in the Haryana Gazette (Extraordinary) Legislative supplement, Part III, vide Notification No. GSR85/C.A./85/Sections 10, 65, 71 and 78/85, dated the 14th November, 1985

In exercise of the powers conferred by Sections 10, 65, 71 and 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 the Government of Haryana hereby makes the following rules, namely :-

R.1 Short title

These rules may be called the Haryana Narcotic Drugs and Psychotropic Substances Rules, 1985.

R.2 Definitions

In these rules, unless the context otherwise requires -

(i) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985.

(ii) "Boiled Opium" means opium lawfully purchased and subsequently boiled for personal consumption;

(iii) "Chief Medical Officer" means Chief or Principal Medical Officer of a district or such other officer, as is authorised by the Government to perform the duties of Chief Medical Officer;

(iv) "Deputy Excise and Taxation Commissioner" means the Officer-in-charge of the Excise Administration at the head office :

(v) "Excise Commissioner" means the Excise and Taxation Commissioner, Haryana;

(vi) "Excise Officer" means every Officer invested with the power of an Excise Officer under the Punjab Excise Act, 1914 (1 of 1914);

(vii) "Excise and Taxation Officer" means the Officer holding charg

R.3 Regulation of cultivation of cannabis plant - Section 10(1)(a)

The cannabis plants shall not be cultivated save on account of the Central Government or State Government and in the tracts notified by the State from time to time and in accordance with the conditions of licence issued by the officers empowered in this behalf under these rules.

R.4 Fee for grant of licence - Section 10(1)(a)

The licence for cultivation of cannabis plant may be granted by the officers empowered in this behalf on payment of such fee as may be specified by the State Government from time to time.

R.5 Forms of application and licence - Section 10(1)(a).

The licence for cultivation of cannabis plant shall be issued in form No. 2 by the Deputy Excise and Taxation Commissioner, Haryana on receipt of application in form No. 1.

R.6 Appointment of Lambardar - Section 10(1)(a).

The Deputy Excise and Taxation Commissioner, Haryana may appoint a Lambardar in each village where cannabis plants cultivation is permitted, on such terms and conditions as may be specified from time to time by the Excise Commissioner.

R.7 Revocation of licence - Section 10(1)(a).

An Officer higher in rank than the officer empowered to issue licence for cannabis plant cultivation may, for sufficient reasons to be recorded in writing, revoke a licence.

(2) No order shall be passed under sub-rule (1) unless the cultivator has been given reasonable opportunity of showing cause against the said order or is heard in person, if he so desires.

(3) Where cannabis plants have been cultivated on a licence which is subsequently revoked, the standing crop, if any, shall be destroyed under the supervision of the officer in such manner as may be specified by the Excise Commissioner.

R.8 Procedure with regard to measurement of land cultivation with cannabis plants - Section 10(1)(a).

(1) All plots of land cultivated with cannabis plants in accordance with the licence issued under these rules, shall be measured by the officer in the presence of the cultivator concerned and the Lambardar of the village. All measurements shall be carried out in metric units. The concerned cultivator and the Lambardar of the village shall attest the record entries in Form No. 3 under their signatures with date, in token of having satisfied themselves regarding the correctness of the measurement.

(2) The measurement conducted by the officer shall be subject to such checks by such officers as may be specified by the Excise Commissioner in this behalf.

R.9 Procedure with regard to preliminary weighment - Section 10(1)(a)

(1) The cultivator shall, at the proper time produce daily, before the Lambardar, each day's collection of cannabis plants from his crop for weighment.

(2) The Lambardar shall make arrangement to weigh such cannabis plants and make necessary record entries in Form No. 4.

(3) The cultivator and the Lambardar shall attest the entries made in such records showing the quantity of cannabis weighed on a particular day.

(4) The officer shall conduct check weighment of the cannabis collected by the cultivators with reference to the entries in the record and indicate his finding therein which shall be attested by him and the Lambardar.

(5) The variations between the quantity of cannabis of the cultivators indicated in the records and as found by the proper officer during his check, shall be enquired into to ascertain the liability of the cultivators for punishment under Section 20 of the A

R.10 Delivery of cannabis produced - Section 10(1)(a).

All cannabis, the produce of land cultivated with cannabis plants shall be delivered by the cultivators to the Deputy Excise and Taxation Commissioner or any other officer duly authorised in this behalf, at a place and in such manner as may be specified by such officer.

R.11 Cannabis to be weighed, examined and classified - Section 10(1)(a).

All cannabis delivered by the cultivators to the Deputy Excise and Taxation Commissioner or any other officer authorised as aforesaid, shall, in the presence of the concerned cultivator and the Lambardar be weighed, examined and classified according to its quality and consistence and forwarded by the Deputy Excise and Taxation Commissioner to the Government State Factory.

R.12 Procedure where cultivator is dissatisfied with classification of cannabis - Section 10(1)(a).

Any cultivator who may be dissatisfied with the classification of his cannabis done by the officer as mentioned in Rule 11 may have it forwarded to the Government State Factory separately, by such officer after having it properly sealed in his presence.

R.13 Procedure for sending cannabis suspected to be adulterated - Section 10(1)(a).

When cannabis delivered by a cultivator to the Deputy Excise and Taxation Commissioner or any other officer authorised in this behalf, is suspected of being adulterated with any foreign substance, it shall be forwarded to the Governments State Factory separately, after it is properly sealed in the presence of the cultivator and the concerned Lambardar.

R.14 Opening of sample - Section 10(1)(a).

The sealed cannabis received separately in accordance with Rule 12 and Rule 13 shall be opened and sample drawn thereof in the presence of the cultivator, if he so desires, to whom a notice intimating the date and time in this behalf, shall be sent well in advance.

R.15 Fixation of price of cannabis - Section 10(1)(a).

(1) The Government shall from time to time having regard to the various relevant factors, fix the price of cannabis in such manner as it may deem fit.

(2) Such price shall be fixed per kilogram of cannabis of a standard consistence.

R.16 Provisional payment of price - Section 10(1)(a).

The Deputy Excise and Taxation Commissioner shall having regard to the weight and consistence of cannabis work out the weight of such cannabis at the standard consistence and determine provisionally the total price payable to such cultivators. The said officer, shall pay to the cultivators 90% of the payment so determined which shall be subject to adjustment against the final price payable to the cultivators to be determined as provided hereinafter.

R.17 Weighment and examination of the cannabis - Section 10(1)(a).

The cannabis forwarded by the Deputy Excise and Taxation Commissioner shall be received, weighed, examined and classified in the Government State Factory.

R.18 Confiscation of adulterated cannabis - Section 10(1)(a).

(1) All such cannabis received separately under Rule 12 if found to be adulterated on examination by the Chemical Examiner of the Government may be liable to confiscation by the General Manager of the Government State Factory.

(2) No such confiscation shall be ordered by the General Manager of Government State Factory unless the concerned cultivator is given a reasonable opportunity of showing cause against the proposed order and is heard in person, if he so desires.

R.19 Determination of final price of cannabis - Section 10(1)(a).

Subject to the provisions contained in Rule 18 the final price of cannabis payable to the cultivator shall, having regard to the price fixed by the Government under Rule 16 be determined by the General Manager of Government State Factory or such other officers as may be authorised in this behalf and communicated to the Deputy Excise and Taxation Commissioner.

(2) The price payable in respect of any cannabis which is not initially suspected to be adulterated by the Deputy Excise and Taxation Commissioner (Hqrs.) or any other Officer authorised in this behalf, but found to be adulterated on examination in the Government State Factory shall be subject to such reduction as may be specified by the State Government.

R.20 Adjustment of cultivators account and recovery of dues from the cultivators - Section 10(1)(a).

The accounts of the cultivators for a particular crop year shall be adjusted by the Deputy Excise and Taxation Commissioner at the time of issuing of licenses for the subsequent crop cultivation and if any amount due from them shall be recovered and any amount due to them shall be paid.

R.21 Weights and scales - Section 10(1)(a).

The weights and scales to be used for weighing the cannabis at the weighment centres and the Government State Factory shall be caused to be examined at the appropriate time by the General Manager.

R.22 Export of cannabis - Section 10(1)(a).

No cannabis shall be exported or transported except under a pass issued in accordance with these rules for such export or transport.

R.23 Import of cannabis - Section 10(1)(a).

Import of cannabis is prohibited except under a pass granted in this behalf by the Excise Commissioner.

R.24 Conditions for export of cannabis - Section 10(1)(a).

Cannabis may be exported subject to the following conditions, namely :-

(a) The exporter must obtain a permit from an authorised Excise Officer of the Union Territory or State of destination authorising him to remove cannabis from Haryana into such Union Territory or State.

(b) The exporter must obtain a pass to cover the export.

(c) The exporter must have paid such duty as may from time to time be imposed on the export of cannabis under the Punjab Excise Act, 1914 unless the cannabis is exported in bond.

(d) The exporter must produce the cannabis to be exported at the office of the Excise and Taxation Officer or any other officer authorised for the purpose of weighment and calculation of duty.

(e) The cannabis must be exported in quantities of not less than thirty-seven kilogram at a time.

R.25 Conditions for Transport of cannabis - Section 10(1)(a). -

Any person holding a license for the wholesale or retail vend of cannabis in Haryana may transport cannabis from one place in Haryana to another place in which he holds a license subject to the following conditions, namely :-

(a) The transporter must obtain from the Deputy Excise and Taxation Commissioner a permit to transport cannabis to the place in which he is licensed to sell cannabis.

(b) The transporter must obtain from the Deputy Excise and Taxation Commissioner a pass authorising the transport of cannabis described therein, by a specified route, to the vend premises of a specified person licensed to sell cannabis in wholesale or retail.

(c) The transporter must produce the cannabis to be transported at the office of the Excise and Taxation Officer or any other authorised officer from which the cannabis is to be transported for the purpose of weighment and calculation of duty.

Cannabis may be transported by a person licensed to sell cannabis in wholesale or retail in Haryana from one place to another in the same district in quantities greater than two hundred and fifty grams subject to the conditions of the transporters license without a transport pass and without payment of transport duty.

R.27 Transportation of cannabis on account of Government - Section 10(1)(a).

The import, export or transport of cannabis on account of the Government may be carried out without restriction provided that in the case of transit by post the import, export or transport shall be subject to the following restrictions, namely :-

(a) Only the parcel post may be used.

(b) The parcel shall be accompanied by a declaration stating the names and designation of the consignee and consignor, the contents of the parcel in detail and the indent number and date covering the transaction.

(c) The consignee shall show distinctly in his account books the name and designation of the consignor and the quantity sent to him by post.

R.28 Means of transportation - Section 10(1)(a).

Save as provided in Rule 27 the import, export or transport of cannabis into, from or within Haryana is permitted only by means other than by post.

R.29 Possession of cannabis - Section 10(1)(a).

Only a person licensed to sell cannabis in wholesale or retail in Haryana may possess the same.

R.30 Export of cannabis - Section 10(1)(a).

Any person licensed to sell cannabis in wholesale in Haryana wishing to export cannabis to any person licensed to sell cannabis in any other State or Union Territory shall apply in Form No. 5 to the Deputy Excise and Taxation Commissioner concerned for an export in-bond pass on the basis of a permit from the competent authority of the State or Union Territory of destination.

(2) The Deputy Excise and Taxation Commissioner may in his discretion by order in writing either refuse or grant an export pass in Form No. 6.

R.31 Transport of Cannabis - Section 10(1)(a).

Any licensed vendor of cannabis in Haryana wishing to transport cannabis to any other place in Haryana may apply in From No. 7 to the Deputy Excise and Taxation Commissioner for a transport pass and the Bond authority may after levying the duty payable if any, grant a transport pass in form No. 8. The application shall be accompanied by permit in Form No. 9.

R.32 Route of Consignment covered by pass - Section 10(1)(a).

Every export and transport under Rule 22 shall specify the route to be followed by the consignment covered by the pass and shall be issued subject to the following conditions:-

(a) The packages of cannabis covered by the pass shall not be opened during the transit.

(b) The packages of cannabis shall be taken direct to the office of designation named in the pass and shall there be handed over, along with the copy of the pass to the officer-in-charge of such office.

(e) In case of export in-bond the licensed vendor exporting cannabis to any other State or Union Territory shall produce to the Deputy Excise and Taxation Commissioner or any other authorised officer, issuing the passes within a reasonable time a certificate from the authorised officer of the State of destination, who issued the permit, that the packages of cannabis covered by the export pass have reached the destination in full. Vendor in Ha

R.33 Prohibition of possession of poppy straw - Section 10(1)(a).

The possession, transport, import inter-State, export inter-State, warehousing sale, purchase, consumption and use of poppy straw, is prohibited in the Haryana except under a license and permit granted under these rules.

R.34 Prohibition of possession of poppy straw - Section 10(1)(a).

The possession of poppy straw in any quantity by any person except under and in accordance with the conditions of a permit granted under these rules or under an appropriate licence or permit granted under the Medical Toilet Preparations (Excise Duties) Act, 1955 is prohibited.

R.35 Grant of permit for poppy straw - Section 10(1)(a). -

Any person desiring to possess poppy straw for the purpose of consumption on medical grounds only shall make an application for a permit to the Chief Medical Officer.

(2) On receipt of the application under sub-rule (1) the Chief Medical Officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to the grant of the permit applied for he may, subject to the orders of the Excise Commissioner, if any, grant the applicant a permit in Form No. 10 on payment of a free of one rupee.

R.36 Permit for possession of poppy straw - Section 10(1)(a).

Notwithstanding anything contained in Rule 35, a poppy straw addict may import into Haryana and possess poppy straw obtained by him on the authority of a permit issued in his favour by another State in India, up to the extent of the quantity authorised in the permit provided that :-

(i) the poppy straw permit holder of another State, when visiting the State of Haryana brings with him poppy straw permit and also a certificate from the Excise authority of the place from where he comes, in evidence of the grant of such permit, which shall be got countersigned from the Excise Officer of the first destination of the visitor;

(ii) such poppy straw permit holder shall not have in his possession poppy straw in excess of the quantity authorized in the permit;

(iii) such permission shall be valid for a period not exceeding one month from the date of issue of the certificate referred to in clause (i), and if the

R.37 Quantity for which permit will be issued - Section 10(1)(a).

A permit in Form No. 10 shall be granted in respect of such quantity of poppy straw, as may be fixed by the Medical Board or the Medical Officer, as the case may be, in accordance with the orders and directions issued by the Excise Commissioner, from time to time:

Provided that the aggregate quantity of poppy straw purchased by a permit-holder in a month shall not exceed 500 grams and the quantity possessed at any one time shall not exceed 50 grams or as prescribed from time to time by the Excise Commissioner.

R.38 Duration of permit - Section 10(1)(a).

No permit shall be granted under the above provisions for any period beyond the 31st March, next following the date of the commencement of the permit.

R.39 Depots for sale of poppy straw - Section 10(1)(a).

(1) Depots for the sale of poppy straw shall be established at such places as the Excise Commissioner may from time to time direct and such depots shall normally be located in Government owned hospitals or dispensaries under the direct control of Chief Medical Officer.

R.40 Supply of poppy straw to depots - Section 10(1)(a).

Poppy straw required for sale at the depots shall be obtained from the Government Store specified for the purpose by the Excise Commissioner on payment of price fixed by the Excise Commissioner. The Government Store shall obtain poppy straw from the Government Opium and Alkaloid Works, Ghazipur (Uttar Pradesh) or from such other sources as the Government may direct.

R.41 Sales at places other than depots prohibited - Section 10(1)(a).

Poppy straw shall not be sold at any place except at a depot established under Rule 29 and a detailed day to day account of sales shall be maintained in the register in Form No. 11. The Chief Medical Officer shall forward to the Excise and Taxation Officer, concerned a monthly statement in form No. 12 showing receipt, issues and balance of poppy straw.

R.42 Transport of poppy straw - Section 10(1)(a).

(1) Any person desirous of transporting poppy straw which he is authorised to possesses shall apply for the grant of a pass to the Excise and Taxation Officer concerned.

(2) For being stored at the depots, poppy straw shall be transported from the stores from time to time according to the requirements intimated by the Chief Medical Officer to the Excise and Taxation Officer concerned, who shall issue a transport pass in Form No. 13 for the purpose.

(3) Transport passes in cases not covered by sub-rules (1) and (2) shall be granted in Form No. 14.

R.43 Opening of packets during its transport - Section 10(1)(a).

No packet containing poppy straw shall be opened during its transport :

Provided that nothing contained in this rule shall apply to persons holding a permit in Form No. 10.

R.44 Restriction on transport - Section 10(1)(a).

No railway administration shall -

(a) receive or convey poppy straw which is not covered and accompanied by a transport pass issued by an Excise Officer, duly empowered in this behalf; or

(b) convey poppy straw otherwise than by the route prescribed in such pass and in the custody of a railway official upto the station at which poppy straw is to be transported by the railway.

R.45 Transport of poppy straw on behalf of infirm and invalid persons - Section 10(1)(a).

Any person may without any permit purchase, possess and transport on behalf of an infirm or invalid person, who is physically unfit to possess and transport poppy straw provided that :-

(a) the infirm or invalid person holds a permit in Form No. 10.

(b) the person purchasing, possessing and transporting poppy straw on behalf of the infirm or invalid person possess a written authority in Form No 15 from the infirm or invalid person to do so on him behalf, and the Chief Medical Officer has given his prior approval to such authorisation.

R.46 Depots and required to obtain license or permit - Section 10(1)(a).

Notwithstanding anything contained in the foregoing rules no license or permit shall be necessary for the purchase, possession and sale of poppy straw by or on behalf of depots established under Rule 39.

R.47 Transportation etc. of poppy straw by Government - Section 10(1)(a)

(a) Poppy straw may be imported, exported or transported by the Government Officers acting in regard to such transport in the performance of his official duties.

R.48 Extension of transportation time - Section 10(1)(a).

The Excise and Taxation Officer of any district through which a consignment of poppy straw may be passing under cover of a transport pass, may on due cause being shown by the consignor, consignee or person in charge of the consignment, extend the period for which transport pass is to remain in force. Every extension of time so granted shall be endorsed upon the pass by the Excise and Taxation Officer granting it, and every such endorsement shall be dated and signed by him.

R.49 Weighment of poppy straw - Section 10(1)(a).

The poppy straw transported under a pass shall, on arrival within the limits of a tehsil or district in which its place of destination is situated, be taken for examination and weightment direct to the officer designated in the transport pass in that behalf.

R.50 Packing of consignment - Section 10(1)(a). -

Every consignment of poppy straw to be transported, imported or exported under these rules, orders shall be properly packed and firmly secured and sealed so that it cannot be opened and its contents tampered with or extracted without breakage of or damage to the seals of packing material.

R.51 Inspection of consignment - Section 10(1)(a).

(1) The Deputy Excise and Taxation Commissioner and the Excise Officer is authorised to detain, so long as may be necessary for the inspection of the same and to inspect any consignment of poppy straw in transit through his jurisdiction and to call for the production of the pass under which such poppy straw is being transported, imported or exported.

(2) If upon inspection any excess or deficiency between the quantity of poppy straw specified in the pass and the actual quantity contained in any parcel or package to which the pass relates is found to exist, and the consignor, consignee or the person in charge thereof cannot satisfactorily account for such excess or deficiency, the fact shall forthwith be reported to the Deputy Excise and Taxation Commissioner and pending his orders, the parcel or package in question shall be detained by the inspecting officer. Due allowance on account of drayage shall be given during weighment.

R.52 Seizure of poppy straw - Section 10(1)(a).

Any consignment of poppy straw which in the course of transit but which in not covered by a pass issued under these rules may be seized and detained by any Excise Officer.

R.53 Transaction in opium on account of Government - Section 10(1)(a).

All transactions in opium on account of Government may be carried on without restriction :

Provided that in the case of transit by post :-

(a) only the parcel post may be used;

(b) the parcel shall be accompanied by a declaration stating the name and designation of the consignee and the consignor, the contents of the parcel in detail and the indent number and date covering the transactions;

(c) the consignee shall show distinctly in his account books, the name and designation of consignor and the quantity sent to him.

R.54 Import etc. of opium by other means - Section 10(1)(a).

Save as provided in Rule 53 above, the import, export or transport of poppy straw into, from or within State of Haryana is permitted only by means other than by post.

R.55 Transportation by Government Officers - Section 10(1)(a).

Opium may be imported, exported or transported by any Government Officer acting in the performance of his official duties.

R.56 Extension of transportation time - Section 10(1)(a).

The Excise and Taxation Officer of any district through which a consignment of opium may be passing under cover of a transport pass in Form No. 16, may on due cause being shown by the consignor, consignee or person in charge of the consignment, extend the period for which such transport pass is to remain in force. Every extension of time so granted shall be endorsed upon the pass by the Excise and Taxation Officer granting it, and every such endorsement shall be dated and signed by him.

R.57 Weighment etc. of opium - Section 10(1)(a).

Opium transported under cover of a transport pass shall, on arrival within the limits of a tehsil or district in which its place of destination is situated, be taken for examination and weighment direct to the office designated in the transport pass in that behalf.

R.58 Packing of consignment - Section 10(1)(a).

Every consignment of opium to be transported, imported or exported shall be properly packed and firmly secured and sealed so that it cannot be opened and its contemns tampered with or extracted without breakage of or damage to the seals or packing material.

R.59 Inspection of consignment - Section 10(1)(a).

The Deputy Excise and Taxation Commissioner and the Excise Officer is authorised to detain, so long as may be necessary for the inspection of the same and to inspect any consignment of opium in transit through his jurisdiction and to call for the production of the pass.

(2) If upon any inspection any excess or deficiency between the quantity of opium specified in the pass and the actual quantity contained in any parcel or package to which the pass relates is found to exist and the consignor, consignee or person in charge thereof cannot satisfactorily account for such excess or deficiency, the fact shall forthwith be reported to the Deputy Excise and Taxation Commissioner and pending his orders the parcel or package in question shall be detained by the inspecting officer. Due allowance on account of dryage shall be given during weighment.

R.60 Seizure of opium - Section 10(1)(a).

Any consignment of opium in the course of transit which is not covered by a pass may be seized and detained by any Excise Officer.

R.61 Possession, etc. of opium by addicts - Section 10(1)(a).

The possession and consumption of opium by addicts shall be governed in the same manner as prescribed in the case of poppy straw :

Provided that the aggregate quantity of opium purchased by a permit-holder in a month shall not exceed 25 grams and the quantity possessed at any one time shall not exceed 5 grams or as may be prescribed from time to time by the Excise Commissioner.

R.62 Possession of manufactured drugs - Section 10(1)(a).

(1) Subject to the provisions of these rules any person may import and transport such quantities of manufactured drugs as he may lawfully possess under these rules.

(2) Notwithstanding anything contained in sub-rule (1), no person shall import or transport prepared opium in any quantity whatsoever.

R.63 Export, etc. of manufactured drugs - Section 10(1)(a).

A person authorised in this behalf by the Excise Commissioner by order, may export, import or transport such quantity of manufactured drugs, other than prepared opium, and in such manner as may be specified in that order.

R.64 Prohibition of import, etc. by post - Section 10(1)(a).

Save as otherwise provided, nothing in these rules shall be deemed to permit the import, export or transport of manufactured drugs by means of posts.

R.65 Form of application - Section 10(1)(a)

All applications for permits to import or transport manufactured drugs other than prepared opium shall be in Form No. 17.

R.66 Transport by Government - Section 10(1)(a).

The import, export or transport of manufactured drugs other than prepared opium by or on behalf of the State Government may be carried out without restriction :

Provided that in the case of transit by post, the import, export or transport shall be subject to the following restriction :-

(a) only parcel post may be used;

(b) the parcel shall be accompanied by a declaration stating the name or designation of the consignee and consignor, the content of the parcel in detail and the indent number and date covering the transaction;

(c) the consignee shall show distinctly in his account books the name or designation of the consignor, and the quantity of the drugs sent to him.

R.67 Certain preparations not to be manufactured drugs - Section 10(1)(a).

All preparations containing not more than 0.2 per cent of morphine or containing any diacetyl morphine or 0.1 per cent of cocaine and any preparation which the Central Government may by notification in the official Gazette, make in pursuance of any ternational convention declare not to be manufactured drugs, may be imported, exported, transported, possessed or sold without restriction.

R.68 Possession etc. of certain salts - Section 10(1)(a).

The provisions of these rules shall not apply to the import, export, transport, possession or sale of codeine, dionion and its salts by a licensed chemist having the requisite facilities for processing narcotic drugs into various preparations unless the quantity involved in any transaction, or possessed at any one time exceeds 500 grams.

R.69 Grant of permits or import and transport - Section 10(1)(a)(2).

The Deputy Excise and Taxation Commissioner or such other authorised officer may grant to a licensed druggist or licensed chemist permits in Form No. 18 for the import and transport of manufactured drugs, other than the prepared opium, not exceeding the quantity to which such a licensed druggist or chemist is entitled to possess.

R.70 Grant of passes for export and transport - Section 10(1)(a)(2).

The Deputy Excise and Taxation Commissioner or such other authorised officer may grant to a licensed druggist or licensed chemist passes in form No. 19 and form No. 20 for the export and transport of manufactured drugs, other than the prepared opium, respectively not exceeding the quantity to which such a licensed druggist or chemist is entitled to possess :

Provided that export and transport passes shall not be granted except on the production of a permit signed by the competent authority of the district of destination.

Explanation. - An indent for opium derivatives or coca derivatives countersigned by the Chief Medical Officer shall for the purpose of this rule be deemed to be a permit, and shall not require further countersignature.

R.71 Possession of drugs by medical practitioner - Section 10(1)(a).

A medical practitioner may possess the following quantities of manufactured drugs other than prepared opium for use in his practice and not for sale :

(2) A medical practitioner who desires to distribute and sell any manufactured drugs must take out a license under these Rules.

(3) A Medical Practitioner of the indigenous system of medicines may prescribe only those manufactured drugs which are included in the indigenous system of medicines.

R.73 Importation of drugs - Section 10(1)(a).

A medical practitioner may import such quantities of manufactured drugs, other than prepared opium, as he may lawfully possess, save that no medical practitioner shall import coca derivatives. The importation of manufactured drugs by post is absolutely prohibited.

(2) The Deputy Excise and Taxation Commissioner, may with the previous sanction of the Excise Commissioner by general or special order authorise a medical practitioner in managing or supervising charge of a hospital or dispensary, to possess, import such quantities of manufactured drugs, other than prepared opium and in such manner as may be specified in that order.

(3) The medical practitioner, shall send an application showing his annual requirements of manufactured drugs, other than prepared opium in the case of Civil hospitals or dispensaries to the Director of Health Services, in the case of Military Hospitals to the Senior Medical Officer-in-charge of Milita

R.74 Grant of license to druggist - Section 10(2)(f).

(1) The Excise Commissioner or any other authorised officer may on the recommendation of the State Drug Controller, Haryana, grant to any person a druggist's license in From No. 24 on payment of a fee of one hundred rupees and subject to the following conditions; provided that no license shall be granted to a person who does not hold the requisite licenses under the Drugs Rules, 1945, made under the Drugs Act, 1940 (XXIII of 1940) :-

(1) The licensee shall be bound by the provisions of the Act and these rules and any other rules which may, from time to time, be made under the Act.

(2) The licensee shall be responsible for the acts and omissions of every person employed by him in carrying on his business and of all his servants, as if the said acts and omissions were his own.

(3) The licensee shall not permit any manufactured drug, which he is authorised to sell, to be dispensed or handled by any person

R.75 Grant of license to Chemist - Section 10(2)(a).

The Excise Commissioner or any authorised officer may, on the recommendation of the State Drug Controller, grant to any person Chemists' licence in Form No. 25 on payment of a fee of one hundred rupees and subject to the following conditions :

Provided that no licence in Form No. 25 shall be granted to a person who does not hold the requisite licences under the Drugs Rules, 1945, made under the Drugs Act, 1940 (XXIII of 1940) :

Provided further, that except with the special sanction of the Excise Commissioner such a licence shall not authorise the chemist to possess a greater quantity than 120 grams of opium derivatives other than prepared opium or 120 grams of coca derivatives :-

(1) The licensee shall be bound by the provisions of the Act and these rules and any other rules which may, from time to time, be made under the Act.

(2) The licensee shall be responsible for the acts an

R.76 Grant of licence etc. - Section 10(1)(b).

(1) Any officer empowered to grant a licence, permit or pass under any of these rules may in his discretion either grant the licence, permit or pass as the case may be applied for or by an order in writing refuse to grant such a license, permit or pass.

(2) A person whose application for any licence, permit or pass has been refused shall not be entitled to be informed of the reasons upon which such refusal is based.

(3) A licence shall remain in force from the date of issue till the 31st March next following on which date it shall expire unless renewed.

(4) Every application for renewal of licence shall be submitted to the Excise and Taxation Officer of the district concerned at least two months before the commencement of the year for which it is required and shall be accompanied by a treasury challan showing payment of fee prescribed for the grant of such licence.

(5) The officer

R.77 Power to give direction etc. - Section 10(1)(b).

Subject to the provisions of the Act and these rules, the Excise Commissioner, may, from time to time, give such directions as he may think fit, for the purpose of carrying out the provisions of these rules.

R.78 Facilities for warehousing of poppy straw - Section 10(1)(a).

For the purposes of warehouse facilities for poppy straw the Punjab Excise Bonded Warehouse Rules, 1956, shall apply mutatis mutandis.

R.79 Confiscation - Section 65

(1) All things in regard to which an order is passed under the provisions of the Narcotic Drugs & Psychotropic Substances Act, 1985, or the rules framed thereunder that are confiscated shall be delivered to the Deputy Commissioner of the District in which such order is passed.

(2) Confiscated opium straw shall be sent to Government Opium Factory, Ghazipur by goods train, freight to pay, in two lots on the 1st June and the 1st December each year provided that the minimum quantity to be sent shall, as far as possible, be not smaller than 4,670 kilograms and where only a smaller quantity is available the opium need be despatched only once a year.

(3) The bill for packing changes may be presented separately to the General Manager, Government Opium Factory, Ghazipur, who will reimburse the Government of Haryana in due course through book transfer, along with the value of the contraband opium poppy calculated at the rate applicab

R.80(e) Supplementary estimates, - Sections 10, 71 and 78

If the requirement of the recognised medical institution exceeds the annual estimate approved by the Drug Controller, the recognised medical institution exceeds the annual estimate approved by the Drug Controller, the recognised medical institution may send a supplementary estimates at any time to the Drug Controller which shall be considered and dealt with by the Drug Controller in the same manner as the annual estimates.

R.80 Rewards - Section 65

(1) Rewards in relation to offences under the Narcotic Drugs and Psychotropic Substance Act, 1985 or the rules thereunder my be granted to the following persons :-

(i) to an informer after a successful raid or after result of the trial or appeal where the Deputy Commissioner is satisfied that the case was genuine and its detection took place on the information supplied by him. A statement of the informer shall, however, be recorded by the Officer receiving information before the raid is conducted and it shall be kept in the custody of the Excise and Taxation Officer who shall verify it at the time of the disbursement of the rewards;

(ii) to the Government Officers or officials other than of Excise Department who render active assistance to the Excise Department in the detection and conviction of a case. Before paying a reward to a Government official, the Deputy Commissioner of the district shall ascertain from the head of

R.80(c) Sending of estimates of requirement of morphine by the recognised medical institution - Sections 10, 71 and 78

Every recognised medical institution shall send their annual requirement of morphine in the format at Annexure III by 30th November of the preceding year along with the name and address of the supplier from whom they intend to buy it to the Drug Controller.

R.80(g) Maintenance of Records - Sections 10, 71 and 78

All records generated under this chapter shall be kept for a period of two years from the date of transaction which shall be open for inspection by the officers empowered by the Government under Sections 41 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).

R.80(h) Inspection, search and seizure of stocks of morphine - Sections 41, 42, 10, 71 and 78

The stocks of morphine under the custody of a recognised medical institution shall be open for inspection, search and seizure by the Drug Controller or any other officer subordinate to him or the officers of other Departments of the Government empowered under Sections 41 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).".

R.80(a) Recognition of medical institution - Sections 10, 71, & 78

(1) Every medical institution which intends to be recognised for the purposes of this chapter, shall apply in the format at Annexure I to the Drug Controller appointed by the Government, who shall convey his decision within three months of the receipt of the application.

(2) If it comes to the notice of the Drug Controller that morphine obtained by recognised medical institution was supplied for non-medical use or that any of the rules under this Chapter is not complied with, for reasons to be recorded in writing, the Drug Controller may revoke the recognition recorded under these rules.

R.80(d) Approval of estimates by the Drug Controller - Sections 10, 71 and 78

The Drug Controller who receives the annual requirement shall consider it, and may if necessary call for necessary clarification. A reply on approved estimates, or not accepting the estimate, shall be sent before 21st of December of the preceding year. A copy of the communication shall be sent each to the supplier whose name has been given in the estimate. If the supplier is located in another State, the Drug Controller of that State, the Drug Controller General of India and the Narcotics Commissioner of India.

R.80(F) Application of rules to other chapters - Sections 10, 71 and 78

The provisions of these rules in other chapters in respect of possession, transport, purchase, sale, import inter-State, export inter-State or use of manufactured drugs, shall not apply to possessions, transport, purchase, sale, import inter-State, export inter-State or use of morphine in respect of a recognised medical institution, possession, transport, purchase, sale, import inter-State, export inter-State or use of morphine in respect of a recognised medical institution shall be in accordance with the following provisions:-

(a) The recognised medical institution shall place orders for purchase to manufacturer/supplier in the format at Annexure IV along with a photocopy of the communication of the drug controller, - vide which the approved estimates were conveyed. A copy of the order for purchase shall be sent to the Drug Controller and the Narcotics Commissioner of India.

(b) Any manufacturer/supplier shall send morphin

R.80(b) Duties of recognised medical institution - Sections 10, 71 and 78

(1) Every recognised medical institution shall designate one or more qualified medical practitioner who may prescribe morphine for medical purposes. When more than one qualified medical practitioner have been designated, one of them shall be designated as overall incharge.

(2) The designated medical practitioner or the overall incharge, as the case may be, shall (a) endeavour to ensure that the stock of morphine is adequate for patient needs; (b) maintain adequate security over stock of morphine; (c) maintain a record of all receipts and disbursements of morphine in format as Annexure II; and (d) ensure that estimates, and other relevant information required to be sent by the recognised medical institution under this chapter are sent to the authorities concerned.

Legal Commentary on Section R.80(b) of the Haryana Narcotic Drugs and Psychotropic Substances Rules, 1985

Introduction

Section R.80(b) of the Haryana Narcotic Drugs and Psychotropic Substances Rules, 1985, pertains to the duties and responsibilities of recognized medical institutions regarding the prescription and regulation of narcotic drugs, specifically focusing on the medical use of controlled substances like morphine. It forms part of the broader legal framework aimed at controlling narcotic drugs and psychotropic substances in accordance with the NDPS Act, 1985.

What does Section Say

Section R.80(b) mandates that recognized medical institutions must designate qualified medical practitioners authorized to prescribe narcotic drugs, such as morphine, for medical purposes. It emphasizes the importance of record-keeping concerning the receipt, disbursement, and balance of such drugs, ensuring compliance with prescribed regulations.

Essential Ingredients

• Recognition of medical institutions by authorities.
• Appointment of qualified medical practitioners authorized to prescribe narcotics.
• Prescription of specific narcotics (e.g., morphine) solely for medical purposes.
• Maintenance of accurate records of narcotic drugs received, dispensed, and remaining.
• Compliance with rules and procedures stipulated under the NDPS Rules, 1985.

Scope of Section

The section applies to all recognized medical institutions within Haryana that handle narcotic drugs, ensuring that only authorized practitioners prescribe these substances and that proper documentation is maintained. It aims to prevent misuse, diversion, and illegal distribution of narcotics used for legitimate medical purposes.

Punishment for Violations

While the section itself primarily prescribes duties, violations such as unauthorized prescribing, improper record-keeping, or diversion can attract penalties under the NDPS Act, including imprisonment, fines, or both, depending on the severity and nature of the offence [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].

Legal Comments

• "Medical Institution" - Defined as recognized entities authorized to prescribe narcotics under the rules, emphasizing the importance of official recognition [Source: "Section 80B in Haryana Narcotic Drugs and Psychotropic"].
• "Qualified Medical Practitioner" - Must be a certified professional designated by the institution to prescribe drugs like morphine for legitimate medical use [Source: "Section 80B in Haryana Narcotic Drugs and Psychotropic"].
• "Prescription Authority" - Limited to specific narcotics such as morphine, ensuring controlled and accountable medical use [Source: "Narcotic Drugs and Psychotropic Substances Rules, 1985"].
• "Record-Keeping" - Mandates meticulous documentation of receipt, disbursement, and remaining stock of narcotics, which is crucial for regulatory oversight [Source: "Narcotic Drugs and Psychotropic Substances Rules, 1985"].
• "Compliance" - Institutions must adhere strictly to prescribed procedures to avoid penalties, emphasizing regulatory compliance [Source: "Narcotic Drugs and Psychotropic Substances Rules, 1985"].
• "Regulatory Oversight" - Ensures that narcotic prescriptions are monitored, reducing the risk of misuse or diversion [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].
• "Penalties" - Non-compliance, such as unauthorized prescriptions or poor record-keeping, can lead to criminal sanctions under the NDPS Act [Source: "Punishment for Offences | DOR"].
• "Scope of Authority" - The section restricts prescribing rights to designated practitioners, limiting unauthorized access [Source: "Section 80B in Haryana Narcotic Drugs and Psychotropic"].
• "Control Measures" - Part of the broader legal framework to prevent abuse and illegal trafficking of narcotic drugs [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].
• "Legal Responsibility" - Recognizes the duty of medical institutions to maintain integrity and accountability in narcotic handling [Source: "Narcotic Drugs and Psychotropic Substances Rules, 1985"].
• "Preventive Function" - Aims to prevent diversion of narcotics from legitimate medical channels to illicit markets [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].
• "Implementation" - Requires effective enforcement by authorities to ensure compliance at the institutional level [Source: "Section 80B in Haryana Narcotic Drugs and Psychotropic"].
• "Legal Framework" - Part of India's comprehensive legal system under the NDPS Act, aligning medical prescriptions with drug control policies [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].
• "Safeguards" - Designed to protect patients and prevent misuse by restricting prescribing authority and maintaining records [Source: "Narcotic Drugs and Psychotropic Substances Rules, 1985"].
• "Legal Consequences" - Breach of these provisions can lead to criminal prosecution, including imprisonment or fines [Source: "Punishment for Offences | DOR"].
• "Role of Authorities" - The Deputy Excise and Taxation Commissioner or equivalent authority oversees the issuance of permits and compliance monitoring [Source: ""].
• "Alignment with International Laws" - The rules align with international treaties like the Single Convention on Narcotic Drugs, ensuring compliance with global standards [Source: "Narcotic Drugs and Psychotropic Substances Act, 1985"].

Note: The analysis is based on the provided sources and aims to encapsulate the legal significance of Section R.80(b) within the framework of the Haryana NDPS Rules, 1985.

R.81 Appeal - Section 78(2)(c).

(1) An appeal shall lie from an original or appellate order of an Excise Officer to -

(a) the Deputy Excise and Taxation Commissioner when the order is made by an Excise Officer below the rank of Deputy Excise and Taxation Commissioner;

(b) the Excise Commissioner when the order is made by the Deputy Excise and Taxation Commissioner; and

(c) the Financial Commissioner when the original order is made by the Excise Commissioner.

(2) Every memorandum of appeal shall be presented within one month from the date of the communication of the order appealed against.

(3) Every memorandum of appeal shall be accompanied by the certified copy of an order appealed against unless the omission to produce such a copy is explained to the satisfaction of the appellate authority. The time requisite for obtaining certified copy of such order shall be excluded in computing the per

R.82 Revision - Section 78(2)(c).

(1) The Excise Commissioner may, sumo moto, at any time, or on an application made to him, call for the record of any proceedings which are pending before, or have been disposed of by an officer subordinate to him for the purpose of satisfying as to the legality or propriety of such proceedings or of any order made therein and may pass such order in relation thereto as he may deem fit :

Provided that the application shall be made within a period of 90 days of the date of taking of the proceeding or passing the order, as the case may be.

(2) The Financial Commissioner may, suo moto at any time or on an application made to him within a period of ninety days call for the record of any case decided under the preceding sub-section and if in his opinion the final order contains an erroneous decision on any question of law he may pass such order on the case as he may deem fit :

Provided that an opportunity sh

R.83 Correction of mistakes - Section 78(2)(c).

Every officer, appellate authority, revisional authority may in his orders make correction of clerical mistakes.

R.84 Appeal

Any institution aggrieved by any decision or order passed by the Drug Controller relating to recognition, revocation of recognition of the Secretary to Government, Haryana, Health Department, within ninety days from the date of communication of such decision or order.]

5. In the said rules, after Form 25, the following annexures shall be added at the end, namely :-